Scientology to argue for dismissal of case
If the judge denies the church's request, the focus shifts to a
five-week criminal trial scheduled in October.
By THOMAS C. TOBIN
St. Petersburg Times, published April 4, 2000
----
Seventeen months after it was criminally charged in the death
of Lisa McPherson, the Church of Scientology will have its
first big day in court on Wednesday and a chance, it hopes, for
vindication.
"The entire basis for the state's prosecution of this case has
now collapsed," begins one of the many Scientology legal briefs
arguing the case should be dismissed. The prosecution is
grounded in "consuming prejudice" against Scientology, the
church alleges.
Its leading argument for a dismissal: a February ruling by
Medical Examiner Joan Wood, who now says McPherson died from an
"accident" stemming from a knee bruise that led to a fatal
blood clot in her left lung. Wood once blamed McPherson's death
on "bed rest and severe dehydration" at Scientology's Fort
Harrison Hotel in Clearwater, but has removed those words from
the death certificate.
The church also argues that the prosecution violates Florida
law and the U.S. Constitution.
Prosecutors, meanwhile, remain adamant that the church should
stand trial for the actions of its Clearwater staffers, who
tried for 17 days to nurse McPherson through a severe mental
breakdown, but who also were present when she died at age 36 on
the way to a distant hospital.
In the process, prosecutors say, the church abused McPherson
and practiced medicine without a license.
Both sides have been "very persuasive" in their arguments so
far, said Pinellas-Pasco Chief Judge Susan F. Schaeffer, who
will hear the motion to dismiss.
Whatever her decision, it is sure to have an impact.
If Schaeffer denies the church's request, the focus shifts to a
five-week criminal trial scheduled in October. Scientology
officials have warned they would free their lawyers to mount an
all-out defense that could end up "harming the credibility of
many persons."
"If we start down that road," church official Mike Rinder said
recently, "the result of it is going to be bad for the city" of
Clearwater.
However, if Schaeffer dismisses the charges, Scientologists
would heave a collective sigh of relief and begin to repair the
church's damaged reputation.
Yet another scenario: Schaeffer could dismiss only one charge,
setting up an October trial on a single felony count.
Since the charges were filed in November 1998, the church has
quietly tried to convince local authorities that McPherson's
death was accidental, not criminal.
While Wood has responded, the office of Pinellas-Pasco State
Attorney Bernie McCabe has not.
The church argues that McCabe's office, blinded by bigotry, has
twisted the caring and kindness of Scientology staffers into a
story line that appears sinister. McPherson's treatment at the
Fort Harrison, the church says, was based on sincerely held
religious beliefs and was not the cause of her death.
Scientology's legal briefs refer to the Introspection Rundown,
a procedure used on McPherson that attempts to calm a psychotic
person with forced isolation, vitamins and Scientology
counseling.
The church says the procedure is a religious practice that,
under the First Amendment, cannot be interpreted or questioned
by the courts.
On the day McPherson entered the Fort Harrison, she took off
her clothes at the scene of a minor auto accident in Clearwater
and was taken by paramedics to nearby Morton Plant Hospital for
psychiatric treatment, which Scientologists abhor.
The church submitted to the court letters by McPherson
indicating her disdain for "psyches," plus a Morton Plant
release that shows she signed herself out.
Later at the Fort Harrison, however, McPherson remained deeply
disturbed.
"So the church engaged in mild practices to prevent her from
harming herself," Scientology argues. Church staffers "took
care of her, cleaned up her urine, her feces, shaved her legs,
bathed her, treated her like a baby, fed her, made sure she
didn't starve, even when she spat food in her friends' faces
and subjected them to physical abuse."
When a Scientology staffer used a syringe to force a mixture of
aspirin, Benadryl and orange juice into McPherson's throat
while others held her down, it was "spiritual sustenance," the
church argues.
It was akin to giving mild medications to a relative inside the
home, Scientology says.
But prosecutors argue that unlicensed Scientology staffers, who
also gave McPherson a prescription sedative and injected her
with a muscle relaxant, engaged in the improper practice of
medicine.
The church argues the prosecution has harmed Scientology
staffers and parishioners worldwide, illegally burdening their
religious practice.
Their affidavits complain of death threats, bomb threats, lost
business, personal slights, physical attacks and pranks -- all
caused, they say, by McCabe's prosecution.
They accuse McCabe of "selective prosecution," citing what they
say are more horrible deaths in Florida nursing homes that
never were charged.
The church also objected to the prosecution's suggestion that
Scientologists took McPherson to their hotel, not to help her
but to avoid a public relations problem.
The church responds, saying its staffers are more sincere about
their beliefs than religious workers in other faiths. Doug
Crow, McCabe's chief assistant, said such arguments have
nothing to do with the central issues in the case.